The names of a slew of candidates running for the Colorado legislature can be found in police and court records and other official documents. Some incidents happened decades ago, while others were as recent as this year.

“This is the challenge of having ordinary people running for office,” said Rep. Frank McNulty, R-Highlands Ranch, who is overseeing House Republican candidates and was unaware some had police records.

“Everybody makes mistakes, some more serious than others,” McNulty said. “When you have a citizen legislature, you get real people with real problems.”

Republican Tom Janich of Brighton, running to unseat Democratic Rep. Judy Solano, has been arrested five times, including once for resisting arrest.

“It’s my record. I’ve got to own up to it,” he said.

But the 48-year-old said his run-ins with the law happened when he was younger, and he now has a record of public service.

“Heck, if everyone in Adams County who ever drank one too many or smoked a joint would vote for me, I’d win in a landslide,” Janich said.

Another legislative candidate with an arrest record is Democratic Rep. Dennis Apuan of Colorado Springs, arrested in 2002 at Peterson Air Force Base during a protest against nuclear weapons.

Republicans are incensed by the arrest, particularly since Apuan’s district includes an Army post, Fort Carson. Voters elected him in the Democratic landslide of 2008, but Republicans are stressing his arrest in their attempt to unseat him this election.

“Hey, this is America”

“They’ve brought it up again and again and again, but it never really gains traction,” Apuan said. “Hey, this is America. We have freedom of speech and freedom to peacefully assemble. Social change has come about in the United States through peaceful actions like this.”

The Denver Post checked the names of Democratic and Republican legislative candidates against police, court and other government agency files.

Political campaigns have done their own background checks and are sending voters mailers outlining their opponents’ pasts.

The constitution says state office can’t be held by anyone convicted of “embezzlement of public moneys, bribery, perjury, solicitation of bribery or subornation of perjury.”

Most candidates questioned about their backgrounds were extremely candid, even offering up personal court records or going to the courts themselves for information in cases where the charge was available but not details of the case.

Republican Edgar Antillon of Adams County, who is running against Rep. Cherilyn Peniston, D-Westminster, has failed to appear in court 18 times, according to his rap sheet.

“You are correct,” Antillon said, adding he was kicked out of the house when he was 13 and a number of his charges stem from being on his own as a teen.

But just because someone has a court record doesn’t mean the candidate has done anything wrong.

Democrats learned the hard way

Democrats learned that the hard way in 2008, when they sent Adams County voters mailers saying Republican House candidate Kevin Priola had been slapped with a restraining order in 2007 because a “judge found that Priola posed a threat and imminent danger to the victim.”

In reality, the restraining order was sought by a male tenant facing eviction for non-payment. The judge later dismissed the order.

Democrats were blistered for their “sleazy” mailing, and Priola won what had been a traditional Democratic seat in the House.

“Research is great, but you have to be careful so it doesn’t backfire,” said Democratic political consultant Steve Welchert.

For the record

Editor’s note:If you know someone who was eligible to be included in this list, but was not, please e-mail Lynn Bartels at lbartels@denverpost.com.

SENATE

District 1

Candidate: Democrat Mike Bowman, 51, of Wray

Record: He and his family’s farming partnership were sued in 1996 in civil court over an organic pig and dairy operation in Yuma County. The Bowmans fell behind on payments and had to auction off farming equipment to help pay off a bank loan, and were hit with a $3.1 million judgment in connection with the suit. The decision was appealed and ultimately settled out of court.

Response: “It was a civil dispute between partners. He had his claims. We had our claims.”

Record: The family’s farming partnership filed for a Chapter 11 bankruptcy and reorganized.

Response: Bowman said the reorganization occurred after the trial.

Opponent: Republican Sen. Greg Brophy, of Wray.

District 20

Candidate: Republican John Odom, 43, of Wheat Ridge

Record: Charged with park curfew in 2000. A warrant was issued for his arrest for failing to appear in court. He later pleaded guilty and paid a fine.

Response: Odom said he has no memory of this, but conceded the defendant’s birth date and name are the same as his and it happened at a north Denver park where he used to hang out.

Opponent: Democrat Cheri Jahn, of Wheat Ridge

District 22

Candidate: Republican Sen. Mike Kopp, 41, of Littleton

Record: Charged in 1988 for writing a $16.26 check worthless check while a 20-year-old soldier at Fort Bragg. He covered the check and paid a $40 fine.

Response: “I vaguely remember it. It was a military surplus store, where I used to buy socks for the field. The Rocky Mountain News wrote about it when I first ran in 2006. I think a lot of people can relate to writing a bad check.”

Opponent: Democrat Mike Daniels, of Conifer

District 34

Candidate: Republican Derec Shuler, 35, of Denver

Record: Sued in Jefferson County civil court by Suntrust Bank.

Response: Shuler said he only recently became aware that something had been filed and believes it is related to a foreclosure on property he owned in North Carolina.

“I bought it when I was living overseas working with the State Department and the military, and then ended up moving to Colorado,” he said.

“I was trying to sell it when the market tanked. This was before there programs to help homeowners in distress. The lending institution wasn’t open to negotiation.”

Opponent: Democrat Lucia Guzman, of Denver

HOUSE

District 2

Candidate: Republican Doc Miller, 59, of Denver

Record: Arrested in 1988 on misdemeanor and assault charges, which were dismissed in 1989.

Response: “It was dismissed.”

Record: Charged in 1999 with commercial bribery in connection with the JonBenet Ramsey case. Miller was accused of acting as the broker for a supermarket tabloid trying to buy the ransom note. A Jefferson County jury in 2001 found him not guilty.

Response: “I came out a hero. I was acquitted of a crime I never committed. I fight big government. I fight dishonesty. That’s what I’m all about.”

Opponent: Rep. Mark Ferrandino, D-Denver

District 9

Candidate: Republican Bob Lane, 49, of Denver

Record: Pleaded guilty in municipal court in 2009 to a petty offense of disturbing the peace after initially being charged with misdemeanor assault.

Response: “It was a very minor incident that occurred last summer with a woman I was dating. That was my primary opponent’s entire campaign, that I had a misdemeanor offense on my record. I won with 80 percent of the vote.”

Opponent: Rep. Joe Miklosi, D-Denver

District 14

Candidate: Republican Janak Joshi, 60, of Colorado Springs

Record: Received a letter of admonition from the state Board of Medical Examiners in 2006 for failing to properly evaluate and adequately treat a patient, as well as failing to provide adequate documentation of the patient’s treatment. He was required to undergo an assessment, where it was recommended he retrain in a nephrology fellowship. The board in 2007 suspended his license for failing to take the training. He was forced by the state medical board in 2008 to permanently surrender his medical license.

Response: “My lawyers said it would cost me more in legal fees to fight it, and since I was going to slow down anyway I made the decision that I would just retire and not fight the board.”

Opponent: Unopposed

District 17

Candidate: Democratic Rep. Dennis Apuan, 45, of Colorado Springs

Record: Arrested in 2002 on a trespassing charge at Peterson Air Force Base during a protest against nuclear weapons, and was sentenced to 48 hours community service.

Response: “It was the anniversaries of Hiroshima and Nagasaki. I went with some Catholic nuns and religious leaders, and held a vigil. We leaned over a line to give out prayer cards.

“Hey, this is America. We have freedom of speech and freedom to peacefully assembly. Social change has come about in the United States through peaceful actions like this.”

Opponent: Republican Mark Barker, of Colorado Springs

District 18

Candidate: Republican Karen Cullen, 47, of Manitou Springs

Record: Arrested in 1998 on a charge of driving while under the influence, pleaded guilty to driving while ability impaired.

Response: “It was one of those unfortunate mistakes that real people make. You learn from it. It was definitely an embarrassing and regretful situation.”

Opponent: Democrat Pete Lee, of Colorado Springs

District 24

Candidate: Clint Webster, 59, of Lakewood

Record: Arrested in 1987 for disturbing the peace. The charge was later dismissed.

Record: Arrested in 1991 after threatening to kill his ex-wife and firing two shots from a Colt semi automatic pistol at her and another person as they drove away from his house. No one was injured. He pleaded guilty in 1992 to second-degree assault, a felony, two counts of felony menacing and a misdemeanor assault charge. He received a two-year deferred judgment on the felonies, which were later dismissed because he successfully completed a diversion program.

Response: Webster said he was having a “nightmarish problem” with his former wife and had filed a restraining order against her. He said he called the sheriff’s office during the dispute, which declined to come out, which angered him.

“I said I was going to shoot people and do whatever I had to do. That got them out there. I was 100 percent guilty. I freely admit I blew my cool, but I was so frustrated. It was probably the best thing that ever happened to me because as a part of diversion I had to go through counseling.”

Opponent: Rep. Sue Schafer, D-Wheat Ridge

District 29

Candidate: Republican Robert Ramirez, 41, of Westminster

Record: Charged in 1988 in Houston with misdemeanor theft of less than $200, received six months probation and was fined $300.

Response: “I worked for a store. Three girls in the merchandise area were basically robbing the store blind. I told the manager what was going on. He went to them and they turned it around on me. I was 19 and couldn’t afford a good attorney. I did what the court-appointed attorney told me to do.”

Opponent: Rep. Debbie Benefield, D-Arvada

District 31

Candidate: Republican Tom Janich, 48, of Brighton

Record: Arrested five times from 1983 to 1989 for various crimes, including assault on a police officer, resisting a police officer and driving under the influence.

Response: “When I was in my early 20s I partied and had a crappy driving record. I resisted arrest after a traffic stop. I’m very much friends with the police officer, and I apologized to him the next day. I’m not running away from it. At the time it was very serious. But I now have a record of public service. Heck, if everyone in Adams County who ever drank one too many or smoked a joint would vote for me I’d win in a landslide.”

Opponent: Rep. Judy Solano, D-Brighton

District 35

Candidate: Republican Edgar Antillon, 26, of Adams County

Record: Pleaded guilty in 2004 to misdemeanor perjury in connection with giving an alias to police, and was sentenced to six months probation and 24 hours community service. Has failed to appear for court hearings 18 times on various charges, including traffic infractions.

Response: “It is what it is. I understand what I did is wrong. But I got kicked out of my home when I was 13 years old. My father became an alcoholic and a heavy drug user. As for the impersonation, my cousin pressed charges against me because I used his name as a teen-ager to get out of a few traffic tickets. I had these failure-to-appear (warrants) and I had just had my first baby and I didn’t want to go to jail. I was 17.”

Opponent: Rep. Cherilyn Peniston, D-Westminster

District 36

Candidate: Republican Gary Marshall, 53, of Aurora

Record: Charged in 1992 with misdemeanor child abuse.

Response: Marshall said their 11-year-old daughter was babysitting when a sibling was outside and was hit by a car. She was not seriously injured, but police charged them because they didn’t have someone older watching the children.

“We did all they asked us to, went to court, took classes. They said the charges would be removed. We have six children and we never had anything before and we have never had anything since,” he said.

Record: IRS has filed at least two tax liens against him.

Response: Marshall said he declared bankruptcy around 1986 and wasn’t able to pay taxes for several years. With interest they now owe about $16,000, but are making payments and negotiating with the IRS to pay a smaller amount.”

Opponent: Rep. Su Ryden, D-Aurora

Candidate: Democrat Casey Levine, 58, of Centennial

Record: Filed for bankruptcy in 1992.

Response: She said she was going through a divorce, and the bankruptcy was a “culmination of a lot of issues,” including a child’s medical bills.

District 42

Candidate: Democrat Rhonda Fields, 56, of Aurora

Record: Arrested in 1976 on a larceny charge and in 1991 on a shoplifting charge.

Response: “It’s a very embarrassing dark, desperate time in my life. I disclosed it when I decided to run, but it’s something I don’t like to talk about. It’s something I’m not proud of. It happened over 20 years ago. I had to leave a husband who was addicted to drugs. I stole food to feed my kids. I’m so glad I’m not the woman I was back then.”

Opponent: Republican Sally Mounier

Candidate: Mounier, 72, of Aurora

Record: Declared bankruptcy around 1990.

Response: “I filed because I had medical bills I couldn’t pay.”

District 46

Candidate: Republican Steven Rodriguez, 47, of Pueblo

Record: Arrested in 1996 in connection with a domestic violence incident that resulted in several charges, and served one year probation. A restraining order was filed against him the same year in connection with his divorce.

Response: “It was an unfortunate, overblown situation. I have been with my current wife for 12 years and there have been no blemishes, not one.”

Opponent: Rep. Sal Pace, D-Pueblo

Candidate: Democrat Sal Pace, 33

Record: Arrested in 1995 on a charge of burglary, and ticketed for urinating in public.

Response: “Both incidents happened while I was a freshman at Fort Lewis College. On the burglary charge, I broke into a candy machine in my dorm. The officer told me the reason I was charged is because I wouldn’t give him the name of the other dorm mates who were in on it. I agreed to pay for the repairs and do community service.”

Opponent: Republican Steven Rodriguez

District 47

Candidate: Keith Swerdfeger, 63, of Pueblo West

Charge: His construction company has been the subject off 11 OSHA incidents or complaints since 2000, resulting in $32,475 in fines. The state of California filed two tax liens, of $1,428 and $1,619, against the company in the mid-1990s. The liens were released in 1998. And Swerdfeger was a defendant in a federal case brought by the Department of Labor in 2004.

Response on violations: “We have a full-time safety officer, and with training and safety programs from the union we strive to be the safest company we can be. Yes, we have had violations. We own up to those violations. If you look at our modification rate — an insurance rating of how safe you are — 1 is the bench mark. A lot of work you cannot bid for if you are over 1. We are under 1. We are a 92.”

Response on liens: “We work in nine to 13 states and if we missed some filings, shame on us. We paid the penalty. We’ve been in business for 43 years.”

Response on lawsuit: “We were cleared by the feds. It was determined there was no wrongdoing but we could have been more imprudent in the investments.

Opponent: Democrat Carole Partin, of Pueblo West

District 49

Candidate: Republican Rep. B.J. Nikkel, 53, of Loveland

Record: Entered a claim in 2001 to sue the Larimer County sheriff’s office for $10 million, claiming it overcharged her son, Christopher, then 16, who was arrested on an attempted murder charge after striking a deputy in his car while fleeing a party. The charges were later reduced.

Response: “We ultimately dropped (the claim). It was going to take an emotional toll on our son, and it wasn’t worth putting him through that ordeal.”

Nikkel said that incident is one reason she has worked behind on the scenes at the Capitol on issues relating to charging juveniles with crimes. “If the kids don’t want to plea bargain they try to charge them as an adult,” she said. “I have first-hand experience on how that can be misused.”

Record: Named as a co-defendant in a civil wrongful death suit after Christopher’s friend was killed in 2002 in a shooting accident at their home.

Response: “It was unfortunate accident. The boy fell and shot himself accidentally. It was very tragic. The insurance company paid and it was a confidential agreement.”

Opponent: Democratic Karen Stockley, of Berthoud

District 50

Candidate: Republican Bob Boswell, 53, of Greeley

Record: Two IRS liens have been filed against the Western Sizzlin’ Steakhouse in Evans, which Boswell used to operate.

Response: Boswell said his restaurant took a financial hit three years ago because of road closures for highway repairs and was getting back on its feet when the economy crashed in 2008. The note was due in 2009, he couldn’t pay it and closed the restaurant on Feb. 1 of this year.

“The IRS says we owe $11,000. A tax resolution specialist in Denver says we don’t owe anything,” he said. “We have done everything in our power to pay it down and pay it off.

“The opposition’s tack is I’m some kind of boob and that’s why we went out of business. We operated for 22 years. My message on the campaign trail is pretty clear: If it can happen to me, it can happen to you.”

Opponent: Rep. Jim Riesberg, R-Greeley

District 52

Candidate: Democrat Rep. John Kefalas, 55, of Fort Collins

Record: Arrested in 1983 on a charge of obstructing a highway as part of a civil disobedience demonstration against nuclear weapons. The charge later was dropped.

Response: “It’s part of my journey. Having returned from the Peace Corps in 1980 and witnessed everything I witnessed in the El Salvador and central America, those observations gave me a different perspective on global events. That led me down the road of social activism and social justice. The proliferation of nuclear weapons is a danger to our country.”

Record: In some years, didn’t fully pay his federal income taxes or telephone excise taxes as part of a protest against war and military action, according to Larimer County tax records and a 2004 story in the Fort Collins Coloradoan.

Response: Kefalas said if he owed $1,000 in federal taxes, for example, he would pay half of it and inform the IRS he was donating or “redirecting” the other half to a food bank or another charity and explain why.

“Again, it was a matter of faith, a matter of conscience, about the spending on war and all the implications on that,” he said. “All of that has been paid and then some, but I stand by what I did because it’s who I am.”

Opponent: Republican Bob Morain, of Fort Collins

Candidate: Republican Dane Brandt, 50, Fort Collins

Record: Sued in April by a property tax consulting firm in Texas, which said it was owed money.

Response: Brandt initially said he had no idea a suit had been filed and “to the best of my knowledge this has been paid off.” He said he contacted the consulting firm and was informed the suit had been withdrawn. He said the firm was sending legal notices to a wrong address.

Opponent: Democrat Rep. Randy Fischer, of Fort Collins

District 60

Candidate: Republican Rep. Tom Massey, 56, of Poncha Springs

Record: Arrested in Texas in 1978 on a charge of larceny under $200; served one year of supervised probation.

Response: “I was in college and wrote a $50 check that bounced. I moved home for the summer, and they were sending notices to my school address so when I got back to school I had a surprise.”

Massey said he thought the charge had been cleared from his record, until he first ran for office in 2004 and it came up.

Opponent: Democrat Sandra Horrocks, of Hartsel

District 61

Candidate: Democrat Roger Wilson, 63, of Glenwood Springs

Record: Arrested in 2007 on a charge of driving under the influence; pleaded guilty to a charge of driving while ability impaired.

Response: “It was my only offense, and it will never happen again. I had to be educated about what the new limits were. I found it’s not just how you feel, but you have to really pay attention to how much you drink.”

Record: Received two federal tax liens totaling $218 in 1971, which were paid off in 1975.

Response: “I was behind financially. I had some problems at that time. I was 24 and self-employed. That was almost 40 years ago and since then I’ve always paid my taxes.”

Clarification: A summary of legal run-ins involving candidates for the state legislature should have included additional detail on Clint Webster, 59, a Lakewood Republican running for the House District 24 seat. Sherriff’s reports filed in connection with a 1991 assault show that Webster threatened to kill his ex-wife and fired two shots from a Colt semi automatic pistol at her and another person as they drove away from his house. No one was injured. Reporting in the original story relied upon interviews with the candidate and the Jefferson County District Attorney’s office.

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